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In the Matter of Pesca Azteca (F/V Azteca 1)

2009 WL 3721029 (2009)

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In the Matter of Pesca Azteca (F/V Azteca 1)

United States Department of Commerce
2009 WL 3721029 (2009)

AR

Facts

The United States issued a violation accusing a ship flying under the Mexican flag, the Pesca Azteca, of violating the Magnuson-Stevens Fishery Management Act by unlawfully fishing within the exclusive economic zone of the United States. Pesca Azteca requested an administrative hearing to contest the issue. Pesca Azteca argued that it had not actually fished in United States waters because it had caught its fish in Mexican waters in a purse seine net but drifted into United States waters. Because Pesca Azteca did not want to kill the fish, it left its purse seine net down and transferred the fish into a floating net pen that was also within United States waters.

Rule of Law

Issue

Holding and Reasoning ()

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